Same product, same transaction conditions, unjustified profile-based markup is prohibited (CPL Implementation Regulations Art. 9) and has been framed as price fraud (Hu v. Ctrip, Shaoxing Intermediate). QR menus cannot force a mobile number or WeChat profile as the price of seeing a menu (CPL Art. 29; Shanghai SAMR ~RMB 50,000 plus civil purge). Livestreams must name the real operator (Impl. Reg. Art. 13); default opt-ins and opaque deposits violate E-Commerce Law Arts 15, 19, 21. Decouple global CRM scoring from China price APIs.
CPL Implementation Regulations Art. 9. No unjustified differential pricing via algorithms or user profiling for the same goods under the same conditions.
Practical workflow
China price API reads only public promo calendars — not VIP scores from global CRM.
Mini Program: Guest Mode for browse/pay; marketing consent unbundled; account deletion visible.
Livestream room: legal name of the operating entity on screen and in the cart.
Common mistakes
“Agree to all” as a condition of using the app (Ctrip pattern).
No guest path on store QR.
Disclaiming KOL misstatements.
Action checklist
☐ CRM/price firewall
☐ Guest mode QA
☐ Deposit refund mechanism published
Source register · primary authorities and verification
Sources & trust
How to use this guide
PRC Consumer Protection Law and Implementation Regulations; Food Safety Law Art. 148; Advertising Law Arts 4, 9, 28, 55; Anti-Unfair Competition Law Arts 8, 20; E-Commerce Law Arts 15, 19, 21; PIPL; Law on the Choice of Law for Foreign-Related Civil Relationships Art. 42; Civil Code Arts 1202–1203; Administrative Penalty Law Arts 32–33; SPC food/drug punitive interpretation (2024) Art. 8; SPC Fa Shi [2024] No. 4; SPC Guiding Cases 17 and 23; Criminal Law Art. 274. Confirm current official texts.
Editorial, AI and verification policies
This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.
FAQ
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
May we charge members more than new users for the same room night?
Not if conditions are otherwise identical and the delta is profile-driven rather than a published, even-handed rule. Shaoxing treated that pattern as price fraud.
Consultation preparation
What to prepare before contacting counsel
Send a focused first package so counsel can check conflicts, understand scope, and identify urgent deadlines.
A concise timeline and the result you want to achieve.
Names of all parties and affiliates for a conflict check.
Key contracts, notices, correspondence, filings, or decisions.
Known deadlines, preferred language, location, and budget constraints.
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